Confidentiality, duties and restrictions: enforcement

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Practice notes
The term of trust and confidenceEvery contract of employment is treated as containing an imposed term of trust and confidence. This requires employers...
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19th May
Practice notes
Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...
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19th May
Practice notes
The basic awardIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes
Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...
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19th May
Precedents
[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...
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19th May
Practice notes
Qualifying period for unfair dismissalFor employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed...
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19th May
Practice notes
Definition of redundancyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
No response, rejected response or claim not contested: employment tribunalsCoronavirus (COVID-19): All proceedings in employment tribunals in England,...
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19th May
Q&As
How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...
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19th May
Practice notes
Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...
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19th May
Practice notes
Time off work for antenatal appointmentsAn employer or, where applicable, a temporary work agency or hirer, cannot unreasonably refuse to allow a...
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19th May
Practice notes
Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
Precedents
[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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19th May
Practice notes
Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 19th May

Most recent Confidentiality, duties and restrictions: enforcement content

Practice notes
Garden leave and the right to workIn broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay...
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5th Jun
Practice notes
Damages in employee competition claimsThe remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be...
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Practice notes
Delivery up orders in employee competition claimsAn order for delivery up is type of a mandatory injunction which can be used to compel the return of...
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Practice notes
Employer's pre-action stepsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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Precedents
Letter—letter before claim from employer’s representative to employee[To be typed on headed notepaper of the employer’s solicitors]Strictly private...
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Precedents
Executive service agreementThis Agreement is made on [date]Parties1[Name of company], a company incorporated in England with registered number...
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Precedents
Search orderClaim No. [insert claim number]IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
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Precedents
Letter—from new employer’s representative responding to employer’s letter before claim[To be typed on headed notepaper of the new employer’s...
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Practice notes
Final and permanent injunctions in employee competition and confidentiality claimsThis Practice Note considers the types of final injunction and...
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5th Jun
Precedents
Affidavit in support of an application for a search orderFiled on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname...
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Precedents
Letter—from employee’s representative responding to employer’s letter before claim[To be typed on headed notepaper of the Employee’s...
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Precedents
Witness statement opposing an application for a prohibitory interim injunctionFiled on behalf of the DefendantWitness statement of [insert initial and...
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Precedents
Drafting note for application notice for a search orderGeneral pointsAn application for a search order should be made using Form N244 (or Form...
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Precedents
Letter—letter before claim from employer’s representative to new employer[To be typed on headed notepaper of the Employer’s solicitors]Strictly...
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Precedents
Witness statement in support of an application for a prohibitory interim injunctionFiled on behalf of the ClaimantWitness statement of [insert initial...
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Precedents
Order for an interim prohibitory injunctionClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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Precedents
1 Confidential Information 1.1 In this contract 'Confidential Information' means: 1.1.1 information relating to...
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26th Sep
Precedents
1 Warranties 1.1 You warrant and represent to the Employer that: ...
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26th Sep
Precedents
Insert defined term: Garden Leave any period during which the Company exercises its rights under Clause [insert relevant clause...
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26th Sep
Precedents
1 Restrictions on dealing in shares or with inside information 1.1 You will (and will procure that your connected persons,...
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